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JORGENSEN v. SMITH

No. 22-0576.

2 N.W.3d 868 (2024)

Charlene JORGENSEN and Michael Jorgensen, Appellees, v. Adam B. SMITH, M.D.; Adam Smith, M.D., P.C.; and Tri-State Specialists, L.L.P., Appellants.

Supreme Court of Iowa.

Filed February 9, 2024.

Attorney(s) appearing for the Case

Jeff W. Wright (argued) and Zack A. Martin of Heidman Law Firm, P.L.L.C., Sioux City, for appellants.

Michael D. Bornitz (argued) of Cutler Law Firm, LLP, Sioux Falls, South Dakota, and William D. Sims of Northern Plains Justice, LLP, Sioux Falls, South Dakota, for appellees.

May, J., delivered the opinion of the court, in which all justices joined.

An injured patient claims that a clinic was negligent in retaining a surgeon who was unfit to practice surgery. The main question before us is whether Iowa Code section 147.140 (2018) required the patient to produce a "certificate of merit affidavit" containing an expert's opinion that the clinic had breached the applicable standard...

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